Denney v Baxter [2007] NSWLEC 858

Denney v Baxter [2007] NSWLEC 858

The Court found that tree roots likely caused historical sewer blockages but noted lack of repair to original pipes and insufficient evidence of current or imminent substantial damage or risk from the trees/shrubs. Orders for managed pruning were made by consent, along with arrangements for cost sharing, and no order was made for compensation for past or future sewer damage or for legal costs.

Parties
Applicant: Dr John & Lieselotte Denney; Respondent: Harold & Michelle Baxter
Jurisdiction
Australia
Judgment Date
21 December 2007
Procedural Posture
Neighbour Application / Ex Tempore Judgment
Outcome
Application upheld in part; orders made by consent of parties.
Legal Topics
Trees (disputes Between Neighbours), Neighbour Disputes, Arborist Report, Reimbursement of Costs
Property Law Trees (disputes Between Neighbours) Neighbour Disputes Arborist Report Reimbursement of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Dr John & Lieselotte Denney

Applicant

Harold & Michelle Baxter

Respondent

Procedural Posture

Neighbour Application / Ex Tempore Judgment

Legal Issues

  1. 1 Whether the trees and shrubs on the Baxter property caused or are likely to cause damage to the Denney property or injury to persons
  2. 2 Appropriate orders for pruning, compensation, and responsibility for costs

Ratio Decidendi

The Court found that tree roots likely caused historical sewer blockages but noted lack of repair to original pipes and insufficient evidence of current or imminent substantial damage or risk from the trees/shrubs. Orders for managed pruning were made by consent, along with arrangements for cost sharing, and no order was made for compensation for past or future sewer damage or for legal costs.

Court Disposition

Application upheld in part; orders made by consent of parties.

Orders

  • Shrubs and small trees along boundary to be pruned as specified, above lattice to 0.3m clear of boundary, below lattice to boundary, branches pushing on fence to be trimmed.
  • Deodar tree to have four major northern branches pruned to boundary and further as necessary per AS 4373 and Council approval; other branches to 1.0m on Applicants' side, lesser work if required by Council.